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Urgent Suggestion on SLP Case

(Querist) 19 February 2011 This query is : Open 
Our SLP Civil Case was admitted and notice was issued to private sole respondent.

The Bench was inclined to grant interim stay in our favour but the respondent's counsel managed to convince them to grant time to file reply citing his irreparable losses if interim stay was granted.

2 weeks' time for their reply and 2 weeks for our rejoinder was granted and direction was made for immediate listing thereafter. This was 3 weeks ago and they have not filed any reply till date and show no signs of doing so in near future since they wish to delay the whole matter.

What should we do? Our advocate suggests that we should file an I.A. for interim stay citing deliberate delay on their part. Or should be wait for the whole 4 weeks to lapse and then try to have case listed at earliest? Is this delay by them solid ground enough to move an I.A. and get success before SC, given the costs involved?

Comments and any other suggestions will be highly obliging.


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